Guam § 77112 - Paseo Stadium Lease Stipulations.

§ 77112. Paseo Stadium Lease Stipulations.

(a) Plans for structural changes or improvements, intended to

induce private sector participation, including, but not limited to,

the improvement, expansion or re-configuration of the facility,

playing field and other ancillary facilities, shall be made pursuant

to the Stadium Master Plan, to be developed by the GBF following

a GBF public hearing, in consultation and with the approval of the

Parks and Recreation Commission or its successor. All stadium

revenue-generated funds, except those exempted, to include user

fees, advertising revenues, and any other fees generated through

GBF management of the Paseo Stadium and ancillary facilities,

shall be placed into a GBF-established checking account called

the ‘Municipal Stadium Operations Fund’ (MSOF) and shall

consist only of stadium revenue-generated funds. All funds in the

MSOF, separate from any GBF account or monies, shall be used

only to fund Paseo Stadium maintenance, facility improvements

and stadium operations; compensate stadium-related contractual

and utility costs; and facilitate MSOF management costs, to

include the audit of the Fund.

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(b) Paseo Stadium maintenance personnel currently in

classified positions in the Department of Parks and Recreation and

currently assigned to the Paseo Stadium, shall not be removed

from their positions, unless for cause, and removal shall be carried

out pursuant to Title 4 of the Guam Code Annotated. The hiring

of additional personnel necessary to maintain and improve the

Paseo Stadium and ancillary facilities shall be at the expense of

the Guam Baseball Federation.

(c) The lease agreement specified under this Chapter shall

include a provision granting free admission to citizens fifty-five

(55) years of age and older at all stadium activities and functions

requiring a fee.

(d) The lease agreement specified under this Chapter may

include a provision requiring the sharing of payment of utilities

charges at the Paseo Stadium. Such provision, however, shall be

implemented in the following manner:

(1) payment by the Department of Parks and Recreation

of all utilities charges incurred during the first year of the

effective date of the lease agreement; provided, that the

Department is allotted funds for this purpose by I

Liheslaturan Guåhan in its annual budget appropriations;

(2) payment of all utilities charges during the second

year of the agreement, to be shared equally between the

Department of Parks and Recreation and the Guam Baseball

Federation; provided, that the Department of Parks and

Recreation is allotted funds for this purpose by I Liheslaturan

Guåhan in its annual budget appropriations; and

(3) payment of all utilities charges to be borne solely by

the Guam Baseball Federation during the third year and every

year thereafter that the lease is in effect.

(e) Any lease agreement inclusive of the Stadium Master

Plan entered into pursuant to this Chapter shall be subject to

legislative approval. (

(f) Exempted Funds. The GBF is authorized to retain an

amount not to exceed twenty-five percent (25%), but in no case to

exceed Twenty-five Thousand Dollars ($25,000.00) per year of all

MSOF generated funds including stadium sponsorship revenues

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for the development and enhancement of baseball programs and

activities approved by the GBF Board. These retained funds shall

not be a part of the MSOF. The exempted funds shall be audited

annually and the GBF shall submit, no later than March 15 of each

year, an annual audited financial statement to the Office of Public

Accountability, to the Speaker of I Liheslaturan Guåhan, and to I

Maga’lahen Guåhan.

(g) The GBF Commissioner and the Director of Parks and

Recreation shall be the custodian of the MSOF. All MSOF

disbursement checks shall require the signatures of the president

and either the treasurer or secretary.

(h) Unless the GBF shall submit, no later than March 15 of

each year, an annual audited financial statement of the MSOF to

the Director of DPR, the Parks and Recreation Commission, and

the Office of Public Accountability, the lease is terminated. All

funds and accounts established pursuant to this Section are subject

to the scrutiny of the Office of Public Accountability.

(i) No funds collected or donated pursuant to this Chapter or

any lease pursuant to this Chapter, shall be used to pay past due

obligations of the Guam Baseball Federation.

(j) The Guam Baseball Federation shall report semi-annually

to I Liheslaturan Guåhan the cost of improvements it makes to the

Stadium from funds other than the tax credits authorized herein.